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User agreement and Privacy Policy
User Agreement and Privacy Policy

User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH BOOK A PRO, LLC OFFERS YOU ACCESS TO OUR SERVICES.  

Welcome to the user agreement (the "Agreement" or "User Agreement") for, Book A Pro. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.bookapro.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or our services. 

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of to buy or sell using our services.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Book A Pro, LLC. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on May 1st, 2005 for all users. 

Membership Eligibility. 
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. 

Further, your Book A Pro account and User ID may not be transferred or sold to another party. Nor, should you allow another individual or party to make transaction with your account. 

Members selling services on the site may be asked to provide verification of any professional credentials displayed to consumers on the site.  Failure to provide appropriate documentation of such credentials will result in immediate suspension and potential termination of the membership account.   Book A Pro, LLC reserves the right to deny service to individuals that do not uphold our professional image and/or demonstrate professional ethics when doing business through our site.

Fees and Services. 
Joining, searching, and purchasing appointments is a free service. Professionals that wish to sell services on our site are subject to monthly fees.  These fees may vary by category to restrict the number of selling professionals to better match consumer demand with services supply. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes. 

 Book A Pro is a marketplace for professional services. 
 Book A Pro is a marketplace for individuals or businesses to sell, and buy services. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the services advertised the truth or accuracy of the listings, the ability of sellers to sell services, the ability of sellers to perform services, or the ability of buyers to pay for services. We cannot and do not confirm each user's identity.  We cannot ensure that a buyer or seller will actually complete a transaction. We encourage all consumers of to take advantage of the feedback system to improve the safety for all users. We also encourage you to communicate directly with potential service providers.

Release.
Because we are a marketplace, in the event that you have a dispute with one or more users, you release Book A Pro, LLC (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."  

Information Control. 
We do not control the information provided by other users that is made available through our system. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Book A Pro, LLC is not responsible for the acts or omissions of users on the Site.    

Buying and Selling. 
As a buyer, you are obligated to complete the transaction with the seller. 

By purchasing a service you agree to be bound by the conditions of sale included in the service’s description so long as those conditions of sale are not in violation of this Agreement or unlawful. Purchases are only refundable from the service provider selling the service and refunds are not a responsibility of Book A Pro, LLC.

Listing and Selling. 
You must be legally able to sell the services(s) you list for sale on the Site. You must describe your services and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of the service. All listed services must be listed in an appropriate category. 

Binding Purchases. 
You are obligated as the seller to complete the transaction with the buyer as described in the service listing, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.  

Fraud. 
Without limiting any other remedies, Book A Pro may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the Site.  
 
Your Information. 
Definition. "Your Information" is defined as any information you provide to us or other users in the registration, buying or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. 

Restricted Activities. 
Your Information (or any services listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or be harmful to minors, (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for sale on a web site other than Book A Pro.com (this does not prevent linking to or advertising a Book A Pro.com service from another web site); or (cc) you do not have a right to link to or include. Furthermore, you may not list any service on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing services. 

License. 
Solely to enable Book A Pro to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Book A Pro will only use Your Information in accordance with our Privacy Policy.  

Feedback. 
Integrity. You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of service listings you may place on the Site based upon the level of your feedback. If you earn a net feedback rating 2 or below your membership may be suspended, and you may be unable to list your services.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Book A Pro, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Book A Pro members, you agree that you shall not market or export your Book A Pro feedback rating in any venue other than an Book A Pro operated website.  
 

Breach. 
Without limiting other remedies, we may limit your activity, immediately remove your service listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.  

Privacy. 
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets.

No Warranty. 
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.  

Liability Limit. 
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). 

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.  

Indemnity. 
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.  

Legal Compliance. 
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service, listing, purchase, solicitation of offers to purchase, and sale of services.  

No Agency. 
You and Book A Pro are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.  

Notices. 
Except as explicitly stated otherwise, any notices shall be given by postal mail to  Attn: Legal Dept, 4480-H south Cobb Dr., Smryna GA 30080.  You must provide the email information on your account.  Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Book A Pro during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 

Resolution of Disputes. 
In the event a dispute arises between you and Book A Pro, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Book A Pro agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. 

This Agreement shall be governed in all respects by the laws of the State of Georgia as such laws are applied to agreements entered into and to be performed entirely within Georgia between Georgia residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. 

Your privacy is very important to us. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Please read this privacy policy to learn more about the ways in which we use and protect your personal information. We want you to fully understand our privacy practices and therefore, in addition to this Privacy Policy, we have created Privacy Central to help you fully evaluate our practices and answer privacy questions.

If you have additional questions, you may send email to privacy@Book A Pro.com. 

Overview

The privacy practices of this statement apply to our services available under the domain and subdomains of www.Book A Pro.com (the "Site"). By visiting this website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Site. 

This Privacy Policy describes the information, as part of the normal operation of our services, we collect from you and what may happen to that information. Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about Book A Pro's practices so that you can make informed decisions. 

By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. 

Children (persons under the age of 18) are not eligible to use the Site unsupervised and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Site in conjunction with and under the supervision of your parents or guardians.
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving this purpose.

In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to use our services, we may require you to provide contact and identity information, billing information, shipping information and other personal information as indicated on the forms throughout the Site. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature.

Under some circumstances we may require some additional financial information, such as, but not limited to: if you are registering using an email account at a free email service, or registering to sell on the Site. We may use your financial information, including credit card information to verify the accuracy of your name, address, and other information, as well as to bill you for your use of our services.

We automatically track certain information based upon your behavior on the Site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, and your IP address.

We use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session. 

Additionally, you may encounter "cookies" or other similar devices on certain pages of the Site that are placed by third parties. For example, if you view a web page created by a user, there may be a "cookie" placed within that web page. We do not control the use of cookies by third parties.

If you choose to buy or sell on the Site, we collect information about your buying and selling behavior. We also collect other users' comments about you in our feedback area.

If you establish a credit account with us to pay the fees we charge, we collect some additional information, such as a billing address, a credit card number and a credit card expiration date and tracking information from checks or money orders.

If you choose to leave feedback for other users, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.

We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe trading; collect fees owed; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy. 

You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.

You agree that we may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications on the notification preferences page. You may make changes to your notification preferences at any time. 

As a matter of policy, we do not sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide our services.

We may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number, and bank account number, are not disclosed to these third parties in a personally identifiable manner without your explicit consent. 

We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you (e.g., search technology, discussion boards, bill collection, affiliate and rewards programs, site development) and therefore we may provide some of your personal information directly to these internal service providers. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced Book A Pro related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. In some instances, the internal service provider may collect information directly from you.  In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personal information is governed by their applicable privacy policy.

Legal Requests. 
Book A Pro cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you and the Book A Pro community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, UserID history, fraud complaints, and bidding and listing history without a subpoena. Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to: prevent imminent physical harm or financial loss; or report suspected illegal activity.
 
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

In order to facilitate interaction among all Book A Pro community members, our Site allows you limited access other users' contact information and location. As a seller you have access to the User ID, email address and other contact and information of the buyer, and as a buyer you have access to the User ID, email address and other contact information of the seller.

By entering into our User Agreement, you agree that, with respect to other users' personal information that you obtain through the Site or through an Book A Pro related communication or Book A Pro facilitated transaction, Book A Pro hereby grants to you a license to use such information only for: (a) Book A Pro related communications that are not unsolicited commercial messages, (b) using services offered through Book A Pro, (c) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personal information about another user to any third party without our consent and the consent of that user. You agree that other users may use your personal information to communicate with you in accordance with this Section. Note that law enforcement personnel, and other rights holders are given different rights with respect to information they access.

Book A Pro and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add an Book A Pro user, even a user who has purchased a service from you, to your mail list (email or physical mail) without their express consent. To report Book A Pro related spam to Book A Pro, please contact us using our webform. 

You are responsible for all actions taken with your User ID and password, including fees charged to your account. Therefore we do not recommend that you disclose your Book A Pro password to any third parties. If you choose to share your User ID and password or your personal information with third parties, you are responsible for all actions taken with your account and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.

We offer you the ability to automatically review and change the information you submit to us by logging into the Site and entering in the new information yourself. Generally, we will not modify your personal information based on your request because it is very difficult to authenticate your account manually. You can change your user Id, email address, contact information, financial information, and location and user preferences by going the profile section in MyBook A Pro. You must promptly update your personal information if it changes or is inaccurate. Once posted, you may not be able to change or remove any public postings made on the Site including our chat rooms or other message areas or the feedback area.

Upon your request, we will deactivate your account, contact information, billing information, shipping information, and financial information from our active databases. To make this request, email privacy@bookapro.com. Such information will be deactivated as soon as reasonably possible based on your account activity and in accordance with our deactivation policy and applicable law.

We will retain in our files some personal information you have requested to remove to prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement and comply with legal requirements as is permitted by law. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests. However, such personal information will be deactivated from public and member viewing and will only be available to select Book A Pro personal.

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are buyers or sellers on our site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Since Book A Pro does not control the privacy policies of third parties, you are subject to the privacy policies of that third party. We encourage you to ask questions before you disclose your personal information to others.

Your information is stored on Book A Pro, LLC servers located in the United States. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption, "firewalls" and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, "perfect security" does not exist on the Internet.

We may amend this Privacy Policy at any time by posting the amend terms on the Site. All amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with your Notification Preferences.